BASHEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Basheera was convicted U/s 302 while accused Noora and Goonga were convicted u/s 302/34 I. P. C. and each was sentenced to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo 6 month's rigorous imprisonment by the Additional Sessions Judge, Kishangarhbas by his judgment dated Feb. , 20, 1986. By the same judgment, accused Basheera was further convicted u/s 3/25 of the Arms Act and sentenced to 6 month's rigorous imprisonment with a fine of Rs. 100/-, in default of the payment of fine to further undergo 1 month's rigorous imprisonment. The accused have filed this joint appeal and challenge their conviction.

(2.) THE prosecution case which is short and simple, may be briefly summarised as under :

(3.) BEFORE dealing with the contentions of the learned counsel for the appellants, it would be useful to briefly notice the conclusions and findings recorded by the court below. They are; (1) The prosecution has utterly failed to prove the motive for the conviction of the murder of Kalu. (2) The prosecution has again failed to prove the incident alleged to have taken place a day before this incident at bus stand Matila where the appellants had held out threat to kill Kalu. (3) There was apparent contradiction between the evidence of the ocular witness Samsu P. W. 6 and the medical evidence. The medical evidence is that wound (1) found on the victim's dead body on the right side of back region at the level of spine of 8th thorecic vertebrae was the entry wound and wound (2) found on the left side of chest was the exit wound. P. W. 6 Samsu in his police statement had slated that the shot fired from gun by accused Basheera hit the victim on the chest and the bullet passed through his back. (4) The eye witness P. W. 6 and the other witnesses viz. P. W. 7 Parma, P. W. 8 Sardar and P. W. 12 Golu were the close relatives of P. W. 5 Kalu. The first was his brother-in-law and the remaining 3 were his first cousins, and (5) The statement of P. W. 6 Samsu that he received an injury of Ballam on his chest at the time of the incident is false and unfounded.